[Federal Register Volume 76, Number 39 (Monday, February 28, 2011)]
[Notices]
[Pages 10885-10886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4326]


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DEPARTMENT OF COMMERCE

International Trade Administration

[Application No. 11-00001]


Export Trade Certificate of Review

ACTION: Notice of Application (11-00001) for an Export Trade 
Certificate of Review for the Latin American

[[Page 10886]]

Multichannel Advertising Council (``LAMAC'').

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SUMMARY: The Office of Competition and Economic Analysis, International 
Trade Administration, U.S. Department of Commerce, received an 
application for an Export Trade Certificate of Review (``Certificate'') 
on February 3, 2011. This notice summarizes the conduct for which 
certification is sought and requests comments relevant to whether the 
Certificate should be issued.

FOR FURTHER INFORMATION CONTACT: Joseph E. Flynn, Director, Office of 
Competition and Economic Analysis, International Trade Administration, 
by telephone at (202) 482-5131 (this is not a toll-free number) or e-
mail at [email protected].

SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act 
of 1982 (15 U.S.C. Sections 4001-21) authorizes the Secretary of 
Commerce to issue Export Trade Certificates of Review. An Export Trade 
Certificate of Review protects the holder and the members identified in 
the Certificate from State and Federal government antitrust actions and 
from private treble damage antitrust actions for the export conduct 
specified in the Certificate and carried out in compliance with its 
terms and conditions. Section 302(b)(1) of the Export Trading Company 
Act (15 U.S.C. 4012(b)(1)) and 15 CFR 325.6(a) require the Secretary to 
publish a notice in the Federal Register identifying the applicant and 
summarizing its proposed export conduct. Under 15 CFR 325.6(a), any 
interested party may, within twenty days after the date of publication 
of this notice, submit written comments to the Secretary on the 
application.

SUMMARY OF THE APPLICATION: Applicant: Latin American Multichannel 
Advertising Council (``LAMAC''), 1000 North Hiatus Road, Suite 203, 
Pembroke Pines, FL 33026; Contact: Ronald A. Oleynik, Counsel; 
Telephone: (202) 457-7183; Application No.: 11-00001; Date Deemed 
Submitted: February 10, 2011; Members: Discovery Latin America, LLC; 
Fox Latin American Channel, Inc.; NGC Networks Latin America, LLC; 
Turner Broadcasting System Latin America, Inc.; A&E Mundo, LLC; History 
Channel Latin America, LLC; and E! Entertainment Television Latin 
America Partners, L.P.
    The applicant (LAMAC) seeks an Export Trade Certificate of Review 
to engage in the Export Trade Activities and Methods of Operation 
described below in the following Export Trade and Export Markets:

I. Export Trade

    Distribution of Pay TV channel programming and ancillary rights 
(cable television rights, broadcast or satellite television rights, 
copyrights and neighboring rights, etc.), referred to in LAMAC's 
application as ``Distribution Rights.''

II. Export Markets

    Latin America, including Mexico, the Caribbean, Central America, 
and South America.

III. Export Trade Activities and Methods of Operation

    With respect to Export Trade in the Export Markets, LAMAC seeks a 
Certificate of Review for it and/or one or more of its Members to 
engage in activities related to:
    1. Exchange of information among LAMAC Members regarding all 
aspects of foreign market conditions and customers;
    2. Collection and dissemination among LAMAC Members of foreign 
market research information and analysis;
    3. Negotiation and agreement with foreign entities (audience data 
providers and advertisers) to reduce trade barriers and expand markets;
    4. Development and recommendation of common business models to 
reduce foreign trade barriers and expand markets;
    5. Entering into, termination, amendment, or enforcement of 
exclusive agreements to provide, produce, negotiate, contract, and 
administer Export Trade and Export Trade Facilitation Services;
    6. Entering into, termination, amendment, or enforcement of 
territorial and customer restraints regarding the sale, licensing and/
or transfer of title of its export services into the Export Markets;
    7. Entering into, termination, amendment, or enforcement of 
exclusive or non-exclusive agreements for the tying of Distribution 
Rights and the setting of prices for Distribution Rights in the Export 
Markets;
    8. Refusal to deal with, or to provide quotations (to, non-Members) 
regarding export Distribution Rights into the Export Markets;
    9. Provide accounting, tax, legal and consulting assistance and 
services to LAMAC Members; and
    10. Engaging in joint promotional activities aimed at developing 
Export Markets.

IV. Terms and Conditions

    1. In engaging in Export Trade Activities and Methods of Operation, 
LAMAC will not intentionally disclose, directly or indirectly, to any 
Member any information about any other Member's costs, production, 
capacity, inventories, domestic prices, domestic sales, or U.S. 
business plans, strategies, or methods that is not already generally 
available to the trade or public.
    2. LAMAC will comply with requests made by the Secretary of 
Commerce on behalf of the Secretary or the Attorney General for 
information or documents relevant to conduct under the Certificate. The 
Secretary of Commerce will request such information or documents when 
either the Attorney General or the Secretary of Commerce believes that 
the information or documents are required to determine that the Export 
Trade, Export Trade Activities and Methods of Operation of a person 
protected by this Certificate of Review continue to comply with the 
standards of section 303(a) of the Act.

Members (Within the Meaning of 15 CFR Sec.  325.2(l))

    Member means a person or entity that has membership in LAMAC and 
that has been named in the Certificate as a ``Member'' within the 
meaning of 15 CFR 325.2(l).
    1. Discovery Latin America, LLC, 6505 Blue Lagoon Drive, Miami, 
Florida 33126.
    2. Fox Latin American Channel, Inc., 1140 Sepulveda Boulevard, 
Third Floor, Los Angeles, California 90025.
    3. NGC Networks Latin America, LLC, 1145 17th Street, NW., 
Washington, DC 20036.
    4. Turner Broadcasting System Latin America, Inc., One CNN Center, 
12th SW., Atlanta, Georgia 30303.
    5. A&E Mundo, LLC, 2525 Ponce de Leon, Suite 250, Coral Gables, 
Florida 33134.
    6. History Channel Latin America, LLC, 2525 Ponce de Leon, Suite 
250, Coral Gables, Florida 33134.
    7. E! Entertainment Television Latin America Partners, L.P., 2525 
Ponce de Leon, Suite 250, Coral Gables, Florida 33134.

    Dated: February 22, 2011.
Joseph E. Flynn,
Director, Office of Competition and Economic Analysis.
[FR Doc. 2011-4326 Filed 2-25-11; 8:45 am]
BILLING CODE 3510-DR-P